WILLIAMS v. PAULEY Et Al.
331 Ga. App. 129
Ga. Ct. App.2015Background
- Christine Pauley sued Floyd County Police Officer David Williams in his individual capacity for wrongful death and survival claims after a horse strayed onto Highway 27, leading to Carl Pauley’s death.
- Officer Williams responded to a 911 call, located the horse, and attempted to move it off the roadway, calling his supervisor for guidance.
- The officer thereafter left the scene to seek help, leaving the horse in the median; the horse followed him back and the officer did not maintain control.
- There were no department protocols guiding how to handle straying livestock, and Williams attempted to impound the horse consistent with a supervisor’s instruction but was unable to do so.
- Trial court denied summary judgment, but the appellate court held the suit barred by official (qualified) immunity because the actions were discretionary, not ministerial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams is entitled to official immunity. | Pauley argues negligence breached duty. | Williams contends discretionary acts warrant immunity. | Yes; immunity applies. |
| Whether Williams’s actions were discretionary or ministerial. | Actions were ministerial duty to impound. | Actions required deliberation; discretionary. | Discretionary. |
Key Cases Cited
- Cameron v. Lang, 274 Ga. 122 (2001) ((official immunity context, discretionary vs ministerial))
- Gilbert v. Richardson, 264 Ga. 744 (1994) ((official immunity framework))
- Banks v. Happoldt, 271 Ga. App. 146 (2004) ((ministerial vs discretionary analysis))
- Todd v. Brooks, 292 Ga. App. 329 (2008) ((statutory duties not rendering ministerial acts when negligently performed))
- Roper v. Greenway, 294 Ga. 112 (2013) ((distinction between discretionary and ministerial acts))
- Murphy v. Bajjani, 282 Ga. 197 (2007) ((official immunity considerations))
